THIRD SCHEDULE (Sections 32, 116, 117(6) and 123) OFFENCES IN RESPECT OF W HICH P OWER TO ADMIT P ERSONS TO B AIL IS EXCLUDED OR QUALIFIED PART I 1. Murder, where— (a) it was planned or premeditated, or (b) the victim was— (i) a law enforcement officer or public prosecutor performing his or her functions as such, whether on duty or not, or a law enforcement officer or public prosecutor who was killed by virtue of his or her holding such a position, or (ii) a person who has given or was likely to give material evidence with reference to any offence referred to in the First Schedule; or (c) the death of the victim was caused by the accused in committing or attempting to commit or after having committed or having attempted to commit one of the following offences— (i) rape; or (ii) aggravated indecent assault, or (iii) robbery with aggravating circumstances; or (d) the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy. 2. Rape or aggravated indecent assault— (a) when committed— (i) in circumstances where the victim was raped or indecently assaulted more than once, whether by the accused or by any co-perpetrator or accomplice; or (ii) by more than one person, where such persons acted in the execution or furtherance of a common purpose or conspiracy; or (iii) by a person who is charged with having committed two or more offences of rape or aggravated indecent assault; or (iv) by a person who knew that he or she had the acquired immune deficiency syndrome or the human immunodeficiency virus; or (b) where the victim— (i) is a girl or boy under the age of 16 years; or (ii) is a physically disabled woman who, due to her physical disability, is rendered particularly vulnerable; or (iii) is mentally disordered or intellectually handicapped, as defined in section 2 of the Mental Health Act [Chapter 15:12] (No. 15 of 1996); or (c) involving the infliction, of grievous bodily harm. 3. Robbery, involving— (a) the use by the accused or any co-perpetrators or participants of a firearm; or (b) the infliction of grievous bodily harm by the accused or any co-perpetrators or participants; or (c) the taking of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11]. 4. Assault or indecent assault of a child under the age of 16 years, involving the infliction of grievous bodily harm. 5. Kidnapping or unlawful detention involving the infliction of grievous bodily harm. 6. Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal Law Code. 7. An offence referred to in Part II— (a) where the accused has previously been convicted of an offence referred to in that Part or this Part; or (b) which was allegedly committed while he or she was released on bail in respect of an offence referred to in that Part or this Part. 1. 2. 3. 4. 5. PART II Treason. Murder otherwise than in the circumstances referred to in paragraph 1 of Part I. Attempted murder involving the infliction of grievous bodily harm. Malicious damage to property involving arson. Theft of a motor vehicle as defined in section 2 of the Road Traffic Act [Chapter 13:11].